Underage Alcohol Charges in Providence

As reported by Richard C. Dujardin in the November 6, 2010 edition of the Providence Journal, thirty (30) underage drinkers were arrested in Providence last weekend.  Nearly all of the arrests occurred at Fish Company Bar & Grill in Providence.  The arrests were part of a joint Underage Drinking & Nightclub Safety Task Force, involving the Rhode Island State Police, State Fire Marshal and the Division of Commercial Licensing. 

Only three (3) of the thirty (30) people arrested were from Rhode Island.  The rest were from other states, such as Massachusetts, Connecticut, New York and New Jersey.  The
drinkers have been charged with underage possession of alcohol and misrepresentation of age by an underage person.

Pursuant to R.I.G.L. 3-8-10, the underage drinkers could be charged with underage possession of alcohol.  The penalties include a fine of one hundred fifty dollars ($150) to seven hundred fifty dollars ($750) for the first offense, three hundred dollars ($300) to seven hundred fifty dollars ($750) for the second offense, and four hundred fifty dollars ($450) to nine hundred fifty dollars ($950) for the third or subsequent offense. In addition, any person who violates this section shall be required to perform thirty (30) hours of community service and shall be subject to a minimum sixty (60) day suspension of his or her driver's license, and upon a second offense may be ordered to undergo a substance abuse assessment by a licensed substance abuse professional.

In addition to underage possession of alcohol, the minors may also be charged with using illegal or fake identification in order to purchase the alcohol.  Pursuant to R.I.G.L. 3-8-6, it is unlawful for:

   (1) A person who has not reached his or her twenty-first (21st) birthday to enter any premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing or having served or delivered to him or her alcoholic beverages; or

   (2) A person who has not reached his or her twenty-first (21st) birthday to consume any alcoholic beverage on premises licensed for the retail sale of alcoholic beverages or to purchase, attempt to purchase, or have another purchase for him or her any alcoholic beverage; or

   (3) A person to misrepresent or misstate his or her age, or the age of any other persons, or to misrepresent his or her age through the presentation of any of the following documents:

   (i) An armed service identification card, valid passport, the identification card license, or any other documentation used for identification purposes that may belong to any other person who is twenty-one (21) years or older;

   (ii) A motor vehicle operator's license which bears the date of birth of the licensee, and which is issued by this state or any other state;

   (iii) A Rhode Island identification card as defined in subsection (b) for the purpose of inducing any licensee or any employee of any licensee, to sell, serve or deliver any alcoholic beverage to a minor.

The penalties for using a fake ID include:

(d) Any person who violates this section shall be punished for the first offense by a mandatory fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) and shall be further punished by thirty (30) hours of community service and shall be further punished by a suspension of his or her motor vehicle operator's license or driving privileges for a period of thirty (30) days; for the second offense by a mandatory fine of not less than five hundred dollars ($500) nor more than seven hundred fifty dollars ($750) and shall be further punished by forty (40) hours of community service and will be further punished by a suspension of his or her motor vehicle operator's license or driving privileges for a period of three (3) months; and for the third and subsequent offenses by a mandatory fine for each offense of not less than seven hundred fifty dollars ($750) nor more than one thousand dollars ($1,000) and shall be further punished by fifty (50) hours of community service and will be further punished by a suspension of his or her motor vehicle operator's license or driving privileges for a period of one year.